Texas teachers may get student criminal histories

Court News 2011/06/12 20:26   Bookmark and Share
Texas is close to enacting a law that would provide teachers with detailed information about the criminal histories of their students, opening juvenile files that have always been confidential and are unavailable in most states.

The legislation, spurred by the fatal stabbing of a high school teacher in Tyler in 2009, is adding to a national debate over whether teacher safety should outweigh the rights of young offenders, who traditionally have moved through the juvenile justice system with their privacy protected.

The new disclosure rules were passed by legislators with little public attention last month. A spokeswoman for Gov. Rick Perry said the governor is "thoughtfully" reviewing the measure before deciding whether to sign it.

Many juvenile justice experts oppose the new disclosures, saying that they would undercut the purpose of youth corrections — allowing young people to move beyond early mistakes to lead normal lives. But many educators insist that teachers are in too much danger.

"The bottom line is protecting teachers," said Rep. Jerry Madden, a Republican from the Dallas suburb of Plano, who sponsored the legislation.

Texas law already gives schools more background information on students than most states permit. The new law would significantly expand the details released, including accounts of crimes committed.
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Ohio judge says Ford must pay dealers $2B

Headline Legal News 2011/06/10 23:48   Bookmark and Share
Ford Motor Co. must pay nearly $2 billion in damages to thousands of dealerships in a 2002 class-action lawsuit that said the automaker violated dealer agreements, an Ohio judge ruled Friday.

Cuyahoga County Common Pleas Judge Peter Corrigan in Cleveland issued the ruling based on a Feb. 11 jury determination that the company overcharged dealers for commercial trucks over an 11-year period.

The $2 billion award covers more than 3,000 dealerships and about 474,000 trucks. It includes a judgment of about $781 million and about $1.2 billion in interest.

"In awarding the dealers the amount of money they overpaid for trucks, the jury verdict places ... the dealers in the financial position contemplated by the terms of the contract," said James Lowe, a Cleveland attorney for Westgate Ford Truck Sales Inc., a dealership in Youngstown that represents the class.

Ford's annual report, filed on Feb. 28, says the class action included all dealers who purchased a 600?series or higher truck from Ford from 1987 to 1997. It says the lawsuit accused the automaker of failing to reveal that price concessions were given to some dealers.


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Pa. appeals court upholds $188M Wal-Mart verdict

Headline Legal News 2011/06/10 23:48   Bookmark and Share
A $188 million class-action verdict against Wal-Mart Stores Inc. and Sam's Club over payment to employees for rest breaks and off-the-clock work was upheld Friday by a Pennsylvania appeals court.

A three-judge Superior Court panel said there was sufficient evidence at trial to conclude there had been a breach of contract, unjust enrichment and violations of state labor laws.

The judges also ruled in a 211-page opinion that the presiding Philadelphia judge erred in determining some of the plaintiffs' legal fees, and sent that part of the case back for recalculation.

The 2006 trial, which lasted 32 days, resulted in a finding that Wal-Mart did not pay employees for all the work they performed and did not let them take their paid, mandatory rest breaks, the judges wrote. The court awarded $46 million in attorneys' fees.

Wal-Mart spokesman Greg Rossiter said the retail giant believes the court decision was wrong in a number of respects and looks forward to additional review in the courts.


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Court Shows It Is Serious About Appellate Procedure

Lawyer Blog Post 2011/06/10 23:47   Bookmark and Share
On June 8, 2011, the Indiana Court of Appeals demonstrated it is serious about enforcing the Rules of Appellate Procedure in Garrard v. Teibel, Cause No. 45A04-1003-PL-229, a memorandum decision, uncitable as authority under App. R. 65(D). In this case, a pro se appellant failed to include any statement of the case after 2007 (although summary judgment proceedings occurred in 2009) and failed to include any of the designated evidence from the summary judgment proceedings in his appendix. The Court found that the pro se appellant had waived all arguments on appeal and affirmed the trial court's order.

Lessons:

1.Although the Court cuts people a lot of slack in the form and content of their brief, its generosity has bounds.

Brad A. Catlin
Price Waicukauski & Riley, LLC

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Fed proposes expanding capital reviews to 35 banks

Topics in Legal News 2011/06/10 11:47   Bookmark and Share
The Federal Reserve wants a broader group of banks to provide details each year about their finances, part of an effort to ensure banks can meet their capital requirements and avoid another financial crisis.

The Fed currently requires the nation's 19 largest banks to submit capital plans annually. The proposal unveiled Friday would expand the list to the 35 largest banks by requiring firms with assets of $50 billion or more to submit annual plans.

Capital is the amount of reserves that a bank holds as a cushion against losses. If the Fed determines a bank doesn't have adequate capital, it can order it to stop paying dividends to stockholders. The central bank is taking comments on the proposal through August and has plans to implement it by January.

The financial overhaul law passed last year directed federal regulators to do a better job monitoring the level of capital that banks keep on hand. Banks have been fighting many of the more stringent controls being imposed under last year's legislation. They contend the tighter rules are not necessary and will restrict their ability to make loans.




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US appeals court overturns release of detainee

Court Watch 2011/06/10 09:48   Bookmark and Share
A Yemeni detainee ordered to be freed from Guantanamo Bay has to stay now that a U.S. appeals court has overturned his release.

The U.S Court of Appeals in Washington says circumstantial evidence of terrorist ties can be enough to keep a prisoner like Hussain Salem Mohammad Almerfedi at the U.S. naval prison in Cuba.

Almerfedi was captured in Iran after the Sept. 11, 2001 attacks and eventually transferred to U.S. authorities through Afghanistan. Government attorneys argue he was staying at an al-Qaida-affiliated guesthouse, based on the testimony of another Guantanamo detainee. Almerfedi denied it, and a lower court judge found the testimony against him unreliable and ordered him released.

But the appeals court said the judge erred in finding the testimony unreliable and found it was likely Almerfedi was part of al-Qaida.




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